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Andy Burnham is pushing for an EU migration deal that would hand European judges new powers over Britain.
The Prime Minister wants to seal a pact with Brussels to restore access to the bloc’s databases of asylum seekers and criminals.
Mr Burnham has made strengthening border cooperation a key aim of next month’s UK-EU summit, as he looks for new ways to tackle small-boat crossings.
In return, EU negotiators have insisted that Britain signs up to European Court of Justice (ECJ) oversight of the system and pays an annual fee, sources told The Telegraph.
The move would be a major concession in the eyes of Brexiteers. Boris Johnson made removing the power of EU judges over Britain a key principle in the Brexit talks as proof that sovereignty was being restored.
Alex Burghart, the shadow chancellor of the Duchy of Lancaster, said: “I warned of exactly this a few weeks ago.
“Labour’s EU Reset treats a closer relationship with Brussels as a panacea, while ignoring the very real trade-offs it would bring for farmers, fishermen and taxpayers.
“If access to EU databases means handing over taxpayers’ money and accepting ECJ oversight, Labour must explain the price. You cannot put a price on sovereignty.”
The move comes after Mr Burnham claimed Brexit had made the small-boat crisis worse and suggested he could support rejoining the union.
On Monday, he told the Commons the UK had experienced a “loss of immigration control” because of its “inability to access data across the European Union”.
Hamish Falconer, the Prime Minister’s new Brexit negotiator, has suggested he would consider compromises that previous governments had been unwilling to accept, saying he would pursue the “art of the possible” to secure “a more ambitious” deal.
Previous governments have tried but failed to secure access to a series of EU crime and immigration databases, to which the UK lost access after Brexit.
They include Eurodac, which stores the fingerprints of migrants and details of the EU state where they were first registered, and the Schengen Information System, which issues crime alerts, including about people wanted in the EU for deportation.
Mr Burnham was asked by Labour MPs in the Commons this week whether he would be seeking a deal on restoring access at next month’s summit.
He said Ursula von der Leyen, the European Commission president, had signalled “openness” to an agreement when they met in New York last month.


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